Defines core evidentiary terms guiding interpretation under the Act.
Introduction
Section 2 of the Bharatiya Sakhshya Adhiniyam, 2023 provides statutory definitions of key expressions used throughout the Act. These definitions form the interpretative backbone of the evidentiary framework governing criminal proceedings. By clarifying essential legal terminology such as “fact,” “relevant,” “document,” and “evidence,” the provision ensures uniform application of evidentiary rules across courts.
This section substantially corresponds to the definitional structure earlier contained in Section 3 of the Indian Evidence Act, 1872, while incorporating technological developments such as electronic and digital records.
Objective of the Provision
The primary objective of Section 2 is to establish clarity and certainty in the interpretation of evidentiary concepts. It ensures:
- uniform understanding of legal terminology
- consistency in judicial interpretation
- inclusion of digital and electronic evidence within statutory scope
- modernization of evidentiary language for contemporary legal practice
Definitions under this section guide the interpretation of all subsequent provisions of the Bharatiya Sakhshya Adhiniyam, 2023.
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Meaning / Concept
Section 2 introduces foundational evidentiary expressions essential for criminal adjudication. These expressions determine the scope of admissibility, relevancy, and proof in judicial proceedings.
Fact
A “fact” includes anything capable of being perceived by the senses and any mental condition of which a person is conscious.
Relevant
A fact is said to be relevant when it is connected with another fact in a manner recognized under the provisions of the Act.
Document
A document includes any matter expressed, described, or recorded upon any substance by means of letters, figures, marks, or electronic or digital means intended for recording information.
Evidence
Evidence includes oral evidence and documentary evidence, including electronic records.
These definitions provide the conceptual structure necessary for applying evidentiary rules in courts.
Also Read: Section 1 – Short title, application and commencement – BSA 2023
Detailed Explanation of the Section
Section 2 defines several expressions that recur throughout the Bharatiya Sakhshya Adhiniyam, 2023.
Fact
A fact includes:
- physical objects perceptible by the senses
- events and circumstances
- mental states such as intention, knowledge, or belief
This broad definition ensures that both physical and psychological elements may be proved in court.
Relevant facts
Facts connected with the fact in issue in legally recognized ways become admissible as relevant facts. Relevancy forms the basis of admissibility under the Act.
Facts in issue
Facts in issue are those facts from which the existence, non-existence, nature, or extent of any legal right, liability, or disability directly arises.
Document
The definition includes:
- written materials
- printed materials
- maps and plans
- inscriptions
- electronic and digital records
- emails, server logs, and multimedia files
This reflects the legislative shift toward recognition of technological evidence.
Evidence
Evidence includes:
Oral evidence
Statements made before the court by witnesses relating to facts in issue or relevant facts.
Documentary evidence
Documents produced for inspection of the court, including electronic and digital records.
Proved
A fact is said to be proved when the court believes it to exist or considers its existence so probable that a prudent person would act upon the assumption of its existence.
Disproved
A fact is disproved when the court believes it does not exist or considers its non-existence so probable that a prudent person would act upon that assumption.
Not proved
A fact is not proved when it is neither proved nor disproved.
Court
Includes all judges and magistrates and all persons legally authorized to take evidence.
These definitions collectively determine the structure of evidentiary reasoning under the statute.
Procedure or Legal Framework
The definitions under Section 2 operate as interpretative tools throughout criminal proceedings.
Courts first identify whether a matter qualifies as a fact.
They determine whether the fact constitutes a fact in issue or a relevant fact.
They examine whether the material presented qualifies as evidence.
They classify evidence as oral or documentary.
They assess whether the fact is proved, disproved, or not proved using the prudent person standard.
These steps guide admissibility and evaluation of evidence during trial.
Judicial Interpretation
Although Section 2 of the Bharatiya Sakhshya Adhiniyam, 2023 is recent, judicial interpretation of corresponding provisions under the Indian Evidence Act, 1872 remains authoritative.
State of Uttar Pradesh v. Raj Narain (1975)
The Supreme Court clarified that relevancy and admissibility are distinct concepts and that only those facts declared relevant under the statute may become admissible in evidence.
R.M. Malkani v. State of Maharashtra (1973)
The Court held that tape-recorded conversations constitute documentary evidence if relevant and properly authenticated.
Anvar P.V. v. P.K. Basheer (2014)
The Supreme Court recognized electronic records as primary documentary evidence subject to statutory certification requirements, reinforcing the expanded scope of “document” and “evidence.”
Tomaso Bruno v. State of Uttar Pradesh (2015)
The Court emphasized that electronic evidence plays a crucial role in modern criminal trials and must be considered where available.
These decisions remain relevant in interpreting similar expressions under the Bharatiya Sakhshya Adhiniyam, 2023.
Importance of the Provision
Section 2 is fundamental to the operation of the Bharatiya Sakhshya Adhiniyam, 2023 because it:
- defines the scope of admissible material
- clarifies evidentiary terminology
- standardizes judicial interpretation
- incorporates electronic and digital records into statutory evidence
- establishes the prudent person test for proof
Without this provision, consistent application of evidentiary rules would not be possible.
Connection with Other Sections
Section 2 forms the interpretative foundation for the entire Bharatiya Sakhshya Adhiniyam, 2023 and directly supports provisions relating to:
- relevancy of facts
- admissibility of documentary evidence
- electronic records
- burden of proof
- examination of witnesses
Corresponding provision under the Indian Evidence Act, 1872
Section 2 of the Bharatiya Sakhshya Adhiniyam, 2023 broadly corresponds to Section 3 of the Indian Evidence Act, 1872, which previously defined key evidentiary expressions such as fact, relevant, document, and evidence.
Illustrative Example
Suppose an accused person sends an email threatening another individual prior to the commission of an offence.
The email qualifies as a document under Section 2.
Its contents may constitute documentary evidence.
The intention reflected in the email qualifies as a fact.
If connected with the offence charged, it becomes a relevant fact.
The court may then determine whether the fact is proved using the prudent person standard.
Thus, Section 2 enables classification and admissibility of such material during trial.
Conclusion
Section 2 of the Bharatiya Sakhshya Adhiniyam, 2023 provides essential statutory definitions that structure the entire evidentiary framework of criminal adjudication. By clarifying foundational concepts such as fact, relevancy, document, and evidence, it ensures consistency, certainty, and adaptability of evidentiary rules in contemporary legal proceedings, particularly in the context of digital and electronic material.
